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HomeMy WebLinkAboutO-2003-038 Amending Section 29.10 Impervious land area requirements within the LAC ORDINANCE NO. 2003-038 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING ARTICLE 29, "PERVIOUS AND IMPERVIOUS AREAS", OF CHAPTER 28 ("ZONING") OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 29.10, "IMPERVIOUS LAND AREA REQUIREMENTS", TO REVISE THE SECTION TO INCLUDE STANDARDS FOR USES WITHIN THE AREA OF THE CITY DESIGNATED AS A "LOCAL ACTIVITY CENTER"; PROVIDING FOR DRAINAGE MITIGATION MEASURES TO BE UNDERTAKEN BEFORE A WAIVER FROM THE SPECIFIED REQUIREMENTS CAN BE GRANTED BY THE CITY COMMISSION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA.- Section 1. That Article 29, "Pervious and Impervious Areas" of the Code of Ordinances of the City of Dania Beach, Florida, Section 29.10 "Impervious land area requirements," is amended to read as follows: 29.10. Impervious land area requirements. a) To effectively provide for the drainage of stormwater, the area of land covered by buildings, structures and impervious surfaces shall not exceed_ (1) For uses located outside of the boundaries of the Local Activity Center as approved by the City Commission: seventy (70%) percent for industrial uses, seventy (70%) percent for commercial uses and sixty (60%) percent for residential uses. (2) For uses located within the boundaries of the Local Activity Center as approved by the City Commission: seventy (70%) percent for all uses. For the purpose of this the foregoing requirements, all other uses such as, but not limited to, utilities, transportation and office parks, shall be included in the commercial use category. In mixed use developments located outside of the boundaries of the Local Activity Center as approved by the City Commission, the most restrictive of the applicable impervious area limitations shall be utilized. For purposes of this ordinance, "impervious" shall mean and refer to any area or part of any parcel of land that has been modified to reduce the natural ability of land to absorb and hold rainfall. Any placement of any nonorganic material which prohibits penetration by liquids or other soluble materials results in the creation of an impervious area. For purposes of this ordinance, "pervious" shall mean the opposite of "impervious" as defined and described above in this ordinance. (1) Subject to compliance with all other city ordinances, pervious areas may be used to satisfy requirements for landscaping and setbacks, buffer strips, drain fields, passive recreation areas and any other purpose that 1 ORDINANCE NO. 2003-038 does not require covering with a material that prevents infiltration of water into the ground. (2) In those cases in which city ordinances may allow some required parking stalls to be grassed, no credit towards the computation of pervious area shall be granted for such areas. (3) Upon demonstration by an applicant that special conditions peculiar to the location or physical characteristics of a particular site are present, or special conditions resulting from the design of existing facilities, rp oject design, or surrounding land uses are present, the city commission may permit vaF*atiee a waiver from the impervious area standards, subject to the following limitations: a. VardatiGR Waiver from the impervious requirements shall be proportional to mitigating design improvements provided and the applicant shall provide improvements in evneSS of which exceed the minimums required by applicable engineering a-n standards. b. If a vaF*atiee waiver is granted, the impervious area shall not exceed the following: (i) For uses located outside of the boundaries of the Local Activity Center as approved by the City Commission: eighty-five (85%) percent for industrial uses, eighty (80%) percent for commercial uses and seventy (70%) percent for residential uses. • (ii) For uses located within the boundaries of the Local Activity Center as approved by the City Commission: eighty-five (85) percent for all uses. C. Mitigating design improvements may include, but are not limited to, the use of grassed Fetyn+inn basins and swales french drains, positive outfall systems and any other improvements recommended by the Public Services Director to the City Commission to aid in the filtration of storm water runoff E. De Nie ws paving hlnnk may he used in overflew narking areas and parrk—a d Fevr a}inn narking facilities an—crRd resid'eRtial aFcas. in Gases in w perviouspaving hlnnks are used at Ingatiens where pedestrian traffin is nreva}cni the hlnnk yoirlc shall be planted with - np�negie of grass sUgh as but not limited to zoysia driveways, e d. As a prerequisite to City Commission consideration, the Public Services Director shall first confirm that the waiver from the impervious requirements is proportional to mitigating design improvements and that the applicant will provide improvements which exceed the minimums required by applicable engineering standards. 2 ORDINANCE NO. 2003-038 Section 2. That except as amended above, all other provisions of Article 29 of the Code of Ordinances of the City of Dania Beach, Florida, shall remain in full force and effect. Section 3. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict. Section 4. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 5. That this ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED on first reading on October 14, 2003. PASSED AND ADOPTED on second reading on October 28, 2003. *eBANTO6*N / MAYOR — COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER CHUNN - YES KJ COMMISSIONER FLURY -YES CHARLENEIAHNSON COMMISSIONER MIKES - NO CITY CLER VICE-MAYOR MCELYEA - YES MAYOR ANTOW YES APPROVED AS TUM AND CORRECTNESS: BY: TH A J. ANSBRO CITY A� TORNEY 3 ORDINANCE NO. 2003-038 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: OCTOBER 28,2003 2. DESCRIPTION OF AGENDA ITEM: TEXT AMENDMENT — ARTICLE 29. PERVIOUS AND IMPERVIOUS AREAS 3. COMMISSION ACTION BEING REQUESTED: CONSENT AGENDA - ADOPT ORDINANCE ON 2ND READING 4. SUMMARY EXPLANATION &BACKGROUND: Modifications to pervious / impervious requirements for LAC area and multifamily uses 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Ordinance Staff report 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: • Planning and Zoning Advisory Board reviewed this request at their September 17, 2003 regular meeting. See Staff Report for recommendation Submitted by: Laurence G. Leeds, AICP, Director Date October 15,2003 Community Development Department City Manager Date CITY OF DANIA BEACH liw. DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT DATE: October 28, 2003 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director RE: Text Amendment: Pervious Area (SECOND READING) SUBIECT: TEXT AMENDMENT — The Community Development Department is requesting a text amendment to the City's Zoning Code changing the required open space and density regarding townhouse development. Last month, some members of the City Commission expressed concern that new townhouse developments do not provide sufficient open space or exceed appropriate densities. However, an increase in pervious area requirements may result in a decrease in density or a reduction in minimum unit size. The attached ordinance is in response • to this concern. The draft ordinance: 1) Increases the required pervious area for townhouse and multi-family residential uses from 40% to 50% of the site. 2) Allows a reduction (by waiver) of pervious area for commercial and mixed use development in the LAC from 30% to 15%; providing the developer mitigates the reduction in pervious area. Currently, a waiver may be granted from 30% to 20% under these circumstances. PUBLIC SERVICES DIRECTOR RECOMMENDATION: WAIVER PROVISION The Public Services Director has no objection to the proposed waiver provision. The amended language requires as a prerequisite to City Commission consideration of any waiver, the Public Services Director must: 1) Confirm that said waiver from the impervious requirements is proportional to mitigating design improvements, and 2) Confirm that applicant provide improvements which exceed the minimum required by applicable engineering standards. Currently, the approval of the Public Services Director is not required prior to City • Commission consideration of the waiver. The proposed text amendment mandates the Public Services Director's approval of a mitigation plan prior to City Commission consideration. COMPARISON WITH OTHER CITIES TOWNHOUSE UNITS: REQUIRED PERVIOUS AREA AND AVERAGE DENSITY DANIA BEACH (CURRENT) Pervious Area: 40 % of site. Townhouse Density: 10 units per gross acre. Country Squire: 9.5 units per acre Treasure Cove: 10 units per acre Oak Bridge: 10 units per acre Thunderbird: 10 units per acre Sandpiper Woods: 11.5 units per acre Griffin Lakes: 12 units per acre HOLLYWOOD Pervious Area: 40 % of site. Townhouse Density: 10 units per gross acre. • FORT LAUDERDALE Pervious Area: 25% - 40 % of site (varies with location). Townhouse Density: 10 — 16 units per gross acre (varies with location). PLANTATION Pervious Area: 30% of site. Townhouse Density: Varies between 9 and 15 units per gross acre. CORAL SPRINGS Usable Open Space (excludes setbacks, retention areas): 2% - 4% of site size. Townhouse Density: 10 - 12 units per acre. 4 BOCA RATON Pervious Area: 25% of site. Townhouse Density: 7 1h to 15 units per acre. DAVIE: Pervious Area: 40% of site. Townhouse Density: 10 units per acre. KEY WEST Pervious Area: 40% of site (50% in coastal areas). Townhouse Density: 8 to 16 units per acre. • PLANNING AND ZONING ADVISORY RECOMMENDATION On September 17, 2003 the Planning and Zoning Advisory Board recommended the following: Denial to increasing the required pervious area for townhouse and multi-family residential uses from 40% of the site to 50% of the site. Approval to allow a reduction (by waiver) of pervious area for commercial and mixed use development in the LAC from 30% to 15%; providing the developer mitigates the reduction in pervious area.